TERMS & CONDITIONS
Leading Edge Avionics, Inc. Terms & Conditions
Disclaimer – Due to the age and condition of some existing aircraft parts, equipment, interior, etc, some items may be brittle, cracked, damaged and possibly not fit correctly. Some minor cosmetic damage may be inevitable during the installation. Leading Edge will do everything possible with care to prevent damage to these aged items but, cannot be held responsible for items that become damaged from normal installation and maintenance. Panel color mismatches may occur due to age and type of base paint. Leading Edge will take all steps for paint matches on new panels to older panels. For 100% match, customer may need to repaint the entire panel.
NOTES
- Current versions of the following will be required at the start of the installation: Weight & Balance, Aircraft Logbooks, Wiring Diagrams and Electrical Load Analysis. Additional costs may be incurred should these documents not be made available.
- This proposal has been prepared based on standard aircraft configurations and may be subject to change pending review of aircraft wiring diagrams, installed equipment and interior configuration. Because every aircraft varies slightly with panels, wiring and equipment installed, there may be additional hours quoted without seeing the aircraft in person.
- There will be a 4% fee on all labor charges added to the invoice for miscellaneous shop supplies and environmental costs.
- Labor includes FAR 91.413 24-month certification only when installing a transponder. This includes transponder certification only and does not reflect any repairs to the pitot/static system if needed for proper certification. Any repairs needed to the existing system for certification will be billed as Time & Material on a separate line item at current rates. FAR 91.411 certification is NOT reflected in this estimate.
PROPOSAL TERMS & CONDITIONS
Binding Effect: The Agreement incorporating this Quotation is referred to herein as the Agreement, which shall be deemed to include all of the terms and conditions of this Quotation as if there were in the same document as and part of the Agreement. This Quotation is not binding on Leading Edge Avionics, Inc. (“Leading Edge”) unless the Agreement is signed by Customer and returned to Leading Edge within thirty (30) days hereof.
Interface Disclaimer: This installation may have interference issues with the existing COM radios. This can cause failed ADS-B compliance or quality of radio transmissions with older radio equipment. Leading Edge will do everything possible to minimize and eliminate this interference, however there may be some installations that will require the replacement of existing COM radios. This quotation does not reflect the price and installation unless specifically called out, of a new COM radio should this become required. It is possible that existing systems and equipment may not be compatible to their current configurations or software levels. In the event that existing systems or equipment require an upgrade or modification for compatibility, this will be quoted and submitted for customer approval.
Payment Terms: Unless otherwise agreed, payment in full will be made prior to aircraft departure from Leading Edge’s facility. If service is not provided at a Leading Edge facility, payment in full will be made prior to final sign-off. Acceptable methods of payment include approved check, wire transfer or cash. Credit card charges will be limited to $1,000 and thereafter a 3% convenience fee will be added. A deposit as noted in the quote will be required at time of firm schedule commitment. (In the case of pre-buys, a non-refundable deposit equal to 100% of the quoted items will be required prior to commencement of requested services.) This deposit will be retained by Leading Edge in part or in whole as liquidated damages if Customer cancels or materially changes the scope or scheduling of the project. The deposit is refundable prior to installation less a 25% restocking fee. On projects expected to require more than four weeks to complete, progress payments equal to 50% of projected remaining account balance will be made at project mid-point, if sooner, at six-week intervals from the date the project commences. A finance charge of 1.33% per month will be assessed on account balanced unpaid for 30 days or more. Payment or account questions should be directed to Leading Edge’s Accounting Department at 714-955-6151. Exceptions to the foregoing payment terms or methods must be approved in writing in advance by Leading Edge’s Finance Department.
If the Customer desires to retain any or all of the removed materials, written notice to Leading Edge must be given prior to the input date and, if necessary, appropriate adjustments to the quoted prices will be made. Customer has all risk of loss of the retained materials. Retained materials must be removed from the premises of Leading Edge within thirty (30) days after Redelivery or such materials will conclusively be deemed to be abandoned by Customer and title to such materials shall transfer to Leading Edge on the 31st day after Redelivery.
Additional Charges: Items listed as “estimated” are for informational purposes only. The final charges for estimated items will be based on actual services and/or parts provided and may vary from the estimated charge. The following additional charges are not reflected in the quoted prices and, if applicable, will be paid by Customer to Leading Edge upon demand: (1) Sales or use tax; current 2021 California sales tax rate is 7.75%; (2) Charges for repairing Customer-furnished parts, material or equipment determined to be unsuitable for their intended purpose; (3) Charges for rework of or additions to Customer-furnished engineering and for fuel, oil, lubricants, insurance and flight crews required for ground or flight testing; (4) Overtime charges; (5) The amount, if any, by which exchange part credited granted Customer by Leading Edge exceed the amount of such credit received by Leading Edge from the manufacturer or supplier; and (6) Freight Charges.
Place and Time of Performance: Unless otherwise provided on the face hereof, the quoted price is based on all services being performed at a Leading Edge facility. Unless otherwise agreed to in writing Leading Edge’s performance will be carried out during regular (non-overtime) working hours. Customer specified Change Orders may result in additional charges and/or downtime. NO installation dates will be confirmed until a signed quotation and deposit is received.
Substitutions: Leading Edge may incorporate changes in design, construction or installation and substitute equivalent equipment, accessories, parts, or material where it deems such changes necessary to improve the quality, performance, reliability, stability, utility or appearance of the goods or materials supplied hereunder. If any materials specified or contemplated herein are not readily procurable for their intended purpose due, directly, to government prohibitions, restrictions or priorities, Leading Edge will have the right to substitute equivalent suitable materials.
Software: Any software provided hereunder shall be subject to the terms and conditions of the supplying vendors software license. The warranties for software shall be limited to the warranties provided by such vendor.
Limited Warranty for Services and Components: Leading Edge warrants that the services performed hereunder will comply with applicable FAA regulations in effect as of the date the work is performed (as interpreted by the FAA office having jurisdiction over the facility at which the work is performed) and will be free from defects in workmanship and material, under normal use for one (1) year and for ninety (90) days on used components refurbished by Leading Edge from date of installation. The warranty on all other new and used component shall be limited to the warranty provided by the supplying manufacturer or vendor, if any. This warranty does not apply to (i) normal wear and tear, (ii) the consequences of accident, negligence, abuse or misuse, or of repair, removal, reinstallation or alteration other than by Leading Edge and (iii) to Customer furnished parts or equipment or to work which, at Customer’s direction, was not performed in accordance with Leading Edge’s standard operating procedures. The sole and exclusive remedy of Customer, and Leading Edge’s sole and exclusive liability, with respect to this warranty is limited to repair or replacement (at Leading Edge’s option) of the nonconforming or defective work or component. Such repair shall be performed at a Leading Edge facility and Customer shall be responsible for transportation costs. Any repairs performed by a third party on Leading Edge workmanship must be approved in advance, or the warranty is void. THE FOREGOING WARRANTY IS IN LIEU OF, AND THE CUSTOMER HEREBY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
Limitation of Liability: In no event shall Leading Edge be liable for any special, incidental, consequential and/or punitive damages, including, without limitation, loss of profits, loss of goodwill, loss of use, cost of fuel or flight, loss of time, diminution of value, or inconvenience, even if informed of the possibility of such damages. In the event Leading Edge physically damages Customer’s property Customer’s sole and exclusive remedy, and Leading Edge’s sole and exclusive liability, is limited to the repair or replacement (at Leading Edge’s option) of the damaged portion of the property.
Force Majeure: Leading Edge will not be liable to Customer for any failure to meet its obligations under the Agreement or this Proposal due to any cause beyond its reasonable control, including, without limitation, (i) government embargoes or other governmental acts that interfere with Leading Edge’s performance; (ii) any other acts or failure to act of any government, including delays, failure, or refusal to grant approval(s) by the FAA or other aviation authority; (iii) blockades; (iv) seizure or freezing of assets; (v) fires, earthquakes, floods, severe weather conditions, or any other acts of God; (vi) labor strikes or lockouts; (vii) riots, strife, insurrection, civil disobedience, armed conflict, terrorism or war (declared or not), or impending threat of any of the foregoing if reasonably expected to cause injury to people or property; or (viii) shortages of or inability to obtain materials or supplies.
Attorneys Fees: Customer agrees that Leading Edge shall be entitled to have and recover reasonable attorney’s fees, costs and expenses incurred in connection with any action or proceeding to enforce its rights (whether in contract, tort or otherwise) and/or to collect amounts due it in connection with the Customer’s account with Leading Edge.
Law and Venue: This agreement shall be governed by the laws of the state of California applicable to agreements made in and wholly to be performed in that jurisdiction, and the parties hereto submit and consent to the jurisdiction of the courts present in the State of California, County of Orange in any action brought to enforce (or otherwise relating to) this Agreement.
General: Upon entering into the Agreement, the Agreement and this Proposal and all of the terms and conditions set forth herein are binding on and enforceable by and against the parties, their successors, legal representatives, and assigns. No part of this Proposal or Agreement shall be affected if any other part of it is held invalid or unenforceable. This Proposal shall constitute the sole agreement between the parties hereto with respect to the matters set forth in the Agreement and this Proposal, superseding any and all prior oral or written agreements or understandings. This Proposal and Agreement may only be modified by a written addendum specifically referencing the Agreement and this Proposal which is signed by the parties.
